Common use of Termination Because of Noncompliance Clause in Contracts

Termination Because of Noncompliance. This Agreement may be terminated by the members of the Underwriting Group by notice to the Company in the event that the Company shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement on the part of the Company to be performed, complied with or fulfilled within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Representative in writing. This Agreement may be terminated by the Company by notice to the Representative in the event the members of the Underwriting Group shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement on the part of the members of the Underwriting Group to be performed, complied with or fulfilled within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Company in writing.

Termination Because of Noncompliance. This Agreement may be ------------------------------------ terminated by the members of the Underwriting Group by notice to the Company in the event that the Company shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement on the part of the Company to be performed, complied with or fulfilled within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Representative in writing. This Agreement may be terminated by the Company by notice to the Representative in the event the members of the Underwriting Group shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement on the part of the members of the Underwriting Group to be performed, complied with or fulfilled within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Company in writing.